Legal Opinion
George Fischer v. Commissioner of Internal Revenue
Court of Appeals for the Third Circuit
Decided April 13, 1961No. 13312PublishedCited by 23 opinions
1Opinion of the Court
FORMAN, Senior Circuit Judge.
The sole issue raised on this appeal is whether gifts in trust made by petitioner, George Fischer, were gifts of a present interest which will support a claim for three annual statutory exclusions of $3,000 each under § 1003(b) (3) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 1003(b) (3). The Tax Court rejected the claimed exclusions.
The material facts as stipulated by the parties and as found by the Tax Court may be summarized as follows:
In 1954, Fischer transferred two parcels of real property as a gift in trust for the benefit of each of his three adult…
2Cases cited10 opinions
- Fondren v. CommissionerSupreme Court of the United States · 1945
- Commissioner v. DisstonSupreme Court of the United States · 1945
- Commissioner of Internal Revenue v. BrandegeeCourt of Appeals for the First Circuit · 1941
- Evans v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1952
- James M. Kemper v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Arnold Van Den Wymelenberg, as of the Estate of Eleanor Van Den Wymelenberg, and Arnold Van Den Wymelenberg v. United StatesCourt of Appeals for the Seventh Circuit · 1968
- Fred A. Berzon v. Commissioner of Internal Revenue, Gertrude Berzon v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1976
- Berzon v. CommissionerUnited States Tax Court · 1975
- Calder v. CommissionerUnited States Tax Court · 1985
- Maryland National Bank and Ralph Norris, Personal Representatives of the Estate of Katherine L. N. Willis, Deceased v. United StatesCourt of Appeals for the Fourth Circuit · 1980
18 more not listed; retrieve them via the Exa API.